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Another Win for Arpaio: Immigration Activists Lose Court Battle

Another Win for Arpaio: Immigration Activists Lose Court Battle

Maricopa County Sheriff Joe Arpaio speaks during a news conference announcing his latest crime suppression illegal immigration operation sweep at the Maricopa County Sheriff's Training Academy Thursday, Jan. 27, 2011, in Phoenix.

The Cypress Times via YellowBrix

April 04, 2011

PHOENIX, AZ – After several months under consideration, Federal Judge Susan Bolton this week ruled in favor of Maricopa County Sheriff Joe Arpaio and the County Attorney’s Office in a hotly contested matter about whether illegal immigrants, who were arrested on felony charges, should be able to post bond and get out of jail.

In 2006, Arizona voters approved Proposition 100 which precluded bail to arrestees who entered or remained in the state illegally and who were charged with serious felony offenses.

When Sheriff Joseph Arpaio, in conjunction with the Maricopa County Attorney’s Office, developed policies and procedures to implement the new law, two National Law Firms and the National ACLU Representatives sued the Sheriff and County Attorney to stop them from enforcing it.

The ACLU claimed Prop 100 was unconstitutional on its face, excessively harsh in how it was being enforced and a violation of the illegal alien arrestee’s due process, and 5th, 6th, and 8th Amendment Rights.

Federal District Court Judge Susan Bolton considered motions for summary judgment filed by the ACLU and Sheriff Arpaio and the other county defendants. After carefully examining a substantial volume of evidence submitted by both sides, Judge Bolton resolved each legal issue in favor of Arpaio and the County Attorney Bill Montgomery. The original court complaint listed six claimed constitutional violations. Five of the six were the subject of Judge Bolton’s decision – all resolved in Arpaio’s favor.

Sheriff Arpaio stated “I am happy to get Judge Bolton’s decision. I always knew and felt that the County Attorney and I proceeded fairly and correctly to implement the mandate of the voters. Proposition 100 was crafted to deal with an ongoing problem – illegal aliens committing serious felonies and using the courts as a revolving door to escape justice by skipping out after getting a far too lenient bail.”

Tim Casey represented the Sheriff, County Attorney Bill Montgomery and the County. Mr. Casey successfully defended the lawsuit in which two national law firms, the local and National ACLU were aligned against him.

Sheriff Arpaio praised Mr. Casey’s results. Arpaio said “Tim Casey was confident from the beginning of the case we would prevail. I firmly believe we will be equally successful in the other lawsuits we are defending. When all of those are resolved, I’m sure we will be exonerated of all charges of racial profiling, depriving people of constitutional rights and all the other claims of wrong doing.”

Sheriff Arpaio and the former Maricopa County Attorney formed the vanguard for implementing the provisions of Prop 100. Arpaio took the point position in enforcing the new law. The Valenzuela Case was the test case for its validity. One count of the original complaint survives the decision by Judge Bolton. The losing Plaintiff’s plans for going forward or appealing are unknown at this time.


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  • Ba_old_glory_max50

    Jonas

    over 3 years ago

    42222 Comments

    Way to go Sheriff Joe!!!!!

  • In_remembrance_of_oakland_pd_max50_max50_max50_max50_max50

    rhood

    over 3 years ago

    23592 Comments

    Last time I read those rights, they did not mention anything about an illegals rights in them. If they want the rights afforded a US citizen, they need to become one.

  • Photo_user_blank_big

    GodblessTexas

    over 3 years ago

    156 Comments

    now there is a Sheriff!

  • Life_giving_sword_max50

    mushin

    over 3 years ago

    64 Comments

    JOE ARPAIO FOR PRESIDENT, WHO'S BEHIND ME.

  • Photo_user_blank_big

    mxracer

    over 3 years ago

    14 Comments

    illegal immagrants have amendment rights. i'm confused I thought the constitution was to protect the citizens of this country not the illegals. Congrats to Sheriff Arpaio

  • Photo_user_blank_big

    bluebrother

    over 3 years ago

    774 Comments

    Awesome Sheriff Joe.Congrats.

  • Mike___odin_max50

    ppc

    over 3 years ago

    188 Comments

    Way to GO Sheriff Arpaio, now on to bigger and better things

  • Photo_user_blank_big

    STEELERCOP

    over 3 years ago

    54 Comments

    Thank goodness someone still has the cahonoes!!!

  • Cpd_250_max50

    CPD2073

    over 3 years ago

    176 Comments

    I'll like this guy no matter what he sticks to his guns and fights for what he believes in....not too many people left in the world that can say the same

  • Photo_user_blank_big

    Anonymous

    over 3 years ago

    Sheriff Joe for President?

  • Fidel_pd_uniform_shot_max50

    Oncethere2506

    over 3 years ago

    274 Comments

    It's sad that we don't have more Sheriff Joe Arpaio's in this nation. The man has got cajones!!!

  • 2197252869_f837325923_o_max50

    ocifer2649

    over 3 years ago

    282 Comments

    We need more leaders like Sheriff Joe! The world would be a better place!

  • Christmas_2010_038_max50

    Mongo1

    over 3 years ago

    346 Comments

    Send them to Gitmo sheriff Joe. Our President will watch over them, no wait, I thought the first thing he was going to do as President was to close down Gitmo? I guess not, that is what you get when you put someone in office that never had to make tough decisions.

  • Photo_user_blank_big

    Anonymous

    over 3 years ago

    yea Sheriff Arpaio you are the man... I need to work for you

  • 2011_range_day_2-19-10_max50

    USLawman1983

    over 3 years ago

    1572 Comments

    Big win for the good guys! No time for a victory lap though, keep up the good fight.

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